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ATTACHMENT A <br /> EUGENE DELTA PONDS WATER RIGHTS PERMITTING SUPPORT <br /> SUMMARY AND PROPOSAL <br /> City of Eugene <br /> After discussions with Water Resources Department staff, including Dwight French, Mike <br /> Mattick, and Mike McCoord, the following is provided as a summary of background information <br /> gathered to assist with the Water Rights Permitting process. <br /> Based on a discussion with Mike Mattick on February 10, 2005, the project will be required to <br /> obtain a Water Right. Due to the fact that water is being diverted and controlled with a flow <br /> control structure (the gated culverts), he does not feel there is any way to avoid a permit (unless <br /> the project becomes a STEP project, which are exempt, see below). On the other hand, the <br /> portion of the project that reconnects the flow of the side-channel on the left bank of the <br /> Willamette River (Area 5) would not require a permit as flow will not be controlled and will re- <br /> enter astill existing side channel that is now blocked by fill at its upper end. Furthermore, <br /> construction work that has been proposed for the notched inlet to Area 1 would also not require a <br /> water rights permit due to the uncontrolled nature of the diversion and the fact that water already <br /> enters Area 1 at flows slightly higher than we have proposed to allow flows in. <br /> The entire permitting process may take up to 10 months due to potential issues that would <br /> require first, an official exception from from the basin plan by the Water Resources Department <br /> Commission, and then the normal ?month permit processing schedule (includes 75 days of <br /> public comment and protest period). At best case, it could take 8 months. <br /> The only way to avoid a water rights permit is to acquire ODFW certification under the Salmon <br /> Trout Enhancement Program (STEP). Under the Water Rights law, there is an exemption clause <br /> that excludes STEP projects from requiring a water right permit. This may be a possible option if <br /> ODFW is willing to be a project partner. <br /> Based on the above information the City has the following options: <br /> 1. Pursue a Water Rights permit from WRD <br /> 2. Pursue STEP certification by partnering with ODFW <br /> <br /> Stews and Processes for Both Options <br /> 1. Water Rights Permit <br /> The process for requesting a water rights permit begins with submitting a standazd permit <br /> application. Mike Mattick did not think any additional information (other than what is <br /> specifically asked for in the application) would be necessary. Tetra Tech will need to confirm <br /> what the maximum amount of water that would be diverted from the main stem of the <br /> Willamette through the culverts. This number must be as accurate as possible with the <br /> understanding that the exceeding this volume would be a violation of our permit (so better to <br /> err on the high side). Due to potential issues with water allocation and water availability for <br /> the mainstem Willamette River, the approval of the permit will likely require to be brought - <br /> before the WRD Commission for an exception, prior to WRD beginning the permit <br /> Page 1 of 4 <br /> <br />